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1977 Supreme(Pat) 230

SHAMBHU PRASAD SINGH
Matal Chamar – Appellant
Versus
Phagu Rai – Respondent


Judgment

1. This is an application in revision filed by the judgment-debtor against the concurrent orders of the two courts below allowing the prayer of the decree-holder for issuance of the warrant of arrest against the petitioner for detaining him in civil prison on the ground that he had means to pay the decree money, but had neglected to pay the same. The amount of the decree under execution was only Rs. 200/-. It was a decree for costs.

2. Learned counsel for the petitioner has relied on S. 58 (1A) of the Civil P. C. as it stands after amendment by the Civil P. C. (Amendment) Act, 1976 (Act No. 104 of 1976), which reads as follows:

"For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil Prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed five hundred rupees."

A question arises for determination whether this sub-section of S. 58 which has been inserted by the Amending Act and has come into force from 10-9-1976 only can apply to a case which is pending from before. In my opinion, the amended provision does apply even to pending cases, firstly, for the rea


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